Help Frequently Asked Questions (FAQs)
1. How do I cite to the record?
The Commission prepares the certified index to record as required by the Federal Rules of Appellate procedure and each Circuit Court's local rules (approximately 45 days after the filing of a petition for review in the D.C. Circuit). The index contains a list of all of the documents included in the record before FERC. For example, the first document listed in the index will be Record Item No. 1. Citation in a brief to page 5 of that document would be R. 1 at 5.
2. How can I review a record?
The record in a case is available for public inspection in the Solicitor's Offices, but may not leave the building at any time. To review a record, contact Cynthia Smallwood at 202-208-0155, and she will arrange a time. Copiers in the building are not for public use. Documents included in the record may be obtained from eLibrary.
3. In what court should I file the appeal?
In general, an appeal can be filed in either the U.S. Court of Appeals for the District of Columbia Circuit or in the U.S. Court of Appeals for the circuit in which the regulated entity is located or has its principal place of business. See NGA § 19(b), 15 U.S.C.§ 717r(b)(1994); NGPA § 506(a)(4), 15 U.S.C. § 3416(a)(4)(1994); FPA § 313(b), 16 U.S.C. § 825l(b)(1994); see also 28 U.S.C. § 2343 (venue in review of actions under the Interstate Commerce Act)
4. How much oral argument time does an Intervenor in support the Commission usually get?
The amount of oral argument time given to Intervenors varies with each case and depends upon the circumstances. In many instances, the amount of time given, if any, is decided by the Commission attorney assigned to the case. In some cases, the court will assign time for an Intervenor. In other cases, the court's order setting oral argument time will restrict argument to only one counsel per side. In those cases, an Intervenor wishing to argue will need to file a motion with the court for leave to argue.
5. Do I need to seek rehearing of a Commission order before filing an appeal?
In most cases, yes. The Natural Gas Act, the Natural Gas Policy Act, and the Federal Power Act all require that an application for rehearing be made to the Commission before a petition for review of a Commission order may be brought. See NGA § 19(a), 15 U.S.C.§ 717r(a)(1994); NGPA § 506(a)(2), 15 U.S.C. § 3416(a)(2)(1994); FPA § 313(a), 16 U.S.C. § 825l(a)(1994). The Interstate Commerce Act, applicable to the transportation of oil by pipeline, contains no such express statutory rehearing requirement.
6. What version of the FERC order should be included in the Joint Appendix?
The Joint Appendix should include the official (CCH) version of the orders. In addition, they should be suitably enlarged for the court's and the parties' convenience. See Union Electric Co. v. FERC, 890 F.2d 1193, 1194 n.1 (D.C. Cir. 1989)("The parties have included in the Joint Appendix blown-up photocopies of the official FERC reporter versions of Commission and ALJ decisions. This is extremely convenient for the court. One can cite specific pages without searching in a second place for pagination, yet they are easy on the eye.").
7. How should I serve the petition for review on the Commission?
A copy of a petition for review that has been received by a Court of Appeals and bearing the court's stamp with the date of filing must be served on the Secretary of the Commission either by mail or by hand delivery. See 18 C.F.R.§ 385.2012 . A copy must also be served on the Solicitor. In addition, in actions under the Interstate Commerce Act, the United States is a party (28 U.S.C. § 2322), and service on the Attorney General is required (28 U.S.C. § 2344).